Tex.
Gov't Code Section 22.0042
Rules Regarding Exemptions from Seizure of Property; Form
(a)
The supreme court shall adopt rules that:(1)
establish a simple and expedited procedure for a judgment debtor to assert an exemption to the seizure of personal property by a judgment creditor or a receiver appointed under Section 31.002 (Collection of Judgment Through Court Proceeding), Civil Practice and Remedies Code;(2)
require a court to stay a proceeding, for a reasonable period, to allow for the assertion of an exemption under Subdivision (1); and(3)
require a court to promptly set a hearing and stay proceedings until a hearing is held, if a judgment debtor timely asserts an exemption under Subdivision (1).(b)
Rules adopted under this section shall require the provision of a notice in plain language to a judgment debtor regarding the right of the judgment debtor to assert one or more exemptions under Subsection (a)(1). The notice must:(1)
be in English with an integrated Spanish translation that can be readily understood by the public and the court;(2)
include the form promulgated under Subsection (c);(3)
list all exemptions under state and federal law to the seizure of personal property; and(4)
provide information for accessing free or low-cost legal assistance.(c)
Rules adopted under this section shall include the promulgation of a form in plain language for asserting an exemption under Subsection (a)(1). A form promulgated under this subsection must:(1)
be in English with an integrated Spanish translation that can be readily understood by the public and the court; and(2)
include instructions for the use of the form.(d)
A court shall accept a form promulgated under Subsection (c) unless the form has been completed in a manner that causes a substantive defect that cannot be cured.
Source:
Section 22.0042 — Rules Regarding Exemptions from Seizure of Property; Form, https://statutes.capitol.texas.gov/Docs/GV/htm/GV.22.htm#22.0042 (accessed Jun. 5, 2024).
